Lawsuit accuses Darden chain of discrimination, wage-law violations

January 31, 2012|By Sara K. Clarke, Orlando Sentinel

More than two-dozen workers at Capital Grille restaurants in three states have sued Darden Restaurants, accusing the Orlando-based company's high-end steakhouse chain of violating federal wage laws and discriminating against minority workers by assigning them to less desirable jobs.

Restaurant Opportunities Centers United, a New York advocacy group for restaurant servers, cooks and related staff, said Tuesday it is seeking class-action status for the suit, filed in U.S. District Court in Illinois.

The group has singled out Darden previously in connection with the company's treatment of minority employees, though Darden, the nation's largest casual-dining company, has denied the group's allegations and said it is very much committed to workplace diversity.

The federal lawsuit alleges that workers at Capital Grille restaurants in Chicago, suburban Washingtonand New York City were required to perform prep work "off the clock" before and after their shifts. It also takes issue with Darden's tip-sharing policy, which requires tipped workers, who are legally paid less than government-mandated minimum wage due because they receive tips from customers, to share a portion of those tips with hourly workers.

The lawsuit also alleges that minority workers have encountered discrimination, including African-American servers in a Chevy Chase, Md., restaurant who complained that they were assigned to less-desirable areas of the dining room.

"Plaintiffs further allege that non-white employees are more likely to be relegated to server-assistant positions and 'back of the house' positions such as dishwashers and cooks with no opportunities for advancement," the suit states. "In Chicago, Chevy Chase and New York, the 'back of the house' is almost exclusively staffed by people of color (African American, Asian, Hispanic, African) while the 'front of the house' is the opposite."

A spokesman for Darden Restaurants on Tuesday called the claims "baseless." The company said it has tried, without success, to reach out to the group about its concerns.

"After repeated requests for specifics from ROC, the first response we received is this lawsuit. We continue to believe these allegations are baseless. However, as with any claims of impropriety, we will investigate them thoroughly," Darden spokesman Rich Jeffers said.

Darden said it has not received complaints from the individual plaintiffs about the allegations made in the lawsuit.